Case Summaries

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Lesher v. Law Office of Mitchell N. Kay, P.C.

A collection letter sent on attorney letterhead may violate the FDCPA if the attorney is not meaningfully involved in the collection of the account.

Aug 6, 2010

Leyse v. Bank of Am. Nat’l Ass’n

An unintended recipient of a telephone call does not have standing to bring an action under the TCPA. Only the “called party” has standing to bring an action under the TCPA.

Aug 6, 2010

Startare v. Credit Bureau of N. Am., LLC

Section 1692c(c) of the FDCPA applies to communication with a consumer’s attorney.

Aug 6, 2010

Daley v. A & S Collection Assocs. Inc.

Providing a consumer reporting agency the wrong date of delinquency date is a violation of the FDCPA.

Aug 6, 2010

Del Campo v. Am. Corrective Counseling Serv., Inc.

Individuals can be held personally liable as debt collectors under the FDCPA.

Aug 6, 2010

Howard v. Pinnacle Credit Servs., LLC

The scope of a “reasonable investigation” required by data furnishers is dependent upon the information provided in the consumer’s dispute.

Aug 6, 2010

Peak v. Southern & Allen

It is not unlawful for a law firm authorized to file suit to mention an action the firm could take in a collection letter.

Jul 2, 2010

Sengenberger v. Credit Control Servs., Inc.

A cell phone number provided to a doctor does not qualify as consent for a debt collector to call a consumer’s cell phone on behalf of a laboratory service.

Jul 2, 2010

Shuler v. Ingram & Assocs.

Statements made to a consumer regarding the likelihood of a lien on the consumer’s property did not violate the FDCPA.

Jul 2, 2010

Bassett v. I.C. System, Inc.

Allegations a debt collector called the plaintiff a liar and laughed at him did not rise to a level necessary to violate § 1692d(2).

Jul 2, 2010

Beasley v. Sessoms & Rogers, P.A.

A collector must tell the consumer disputes must be submitted in writing in order to receive verification under the FDCPA.

Jul 2, 2010

Grodzian v. Computer Credit Inc.

The FDCPA does not require a collection notice specifically state on the front that a consumer can dispute “any portion” of the debt.

Jul 2, 2010

Quesenberry v. Alliant Law Group, PC

A communication directed to the plaintiff’s attorney listing interest in violation of state law was actionable under the FDCPA.

Jun 3, 2010

Puleo v. Chase Bank USA, N.A.

A challenge to the provisions of an arbitration agreement is a question for the court to decide, not the arbitrator.

Jun 3, 2010

Wise v. Cach, LLC

A debt collector who sends a validation notice to a judgment consumer does not violate the FDCPA if the language provides potential legally enforceable remedies and hardships as a result of the judgment.

Jun 3, 2010